Provisions in the amending Bill are crucial for ensuring that capital gains and franked distributions (including any attached franking credits) can be effectively streamed to relevant beneficiaries. While the aim of the Bill is to restore the landscape to the pre-Bamford position, there are new concepts, such as how to create a "specific entitlement"?, that require careful consideration prior to 30 June 2011. There are also new anti-avoidance provisions that need to be considered.
If your clients intend to stream capital gains or franked distributions, it is essential that you understand how the new regime applies. Managed Investment Trusts should also understand what the new regime can offer them and whether they should elect into the streaming measures.
This event provided a very practical approach to streaming issues. The critical issues which were addressed by examples and case studies included why there is a need to stream capital gains and franked distributions, how the new measures allow streaming to occur, drafting workable resolutions, the time critical aspects for resolutions and accounting for the specific entitlements. The importance of trust deed income definitions and streaming clauses was emphasised and the question whether deeds require amendment addressed. The tricks and traps of the Bill were dealt with in detail.